4.
Insertion of new sections 610B, 610C, 610D and 610E.-
After section 610A of the principal Act, the following sections
shall be inserted, namely:
610 B.Provisions relating to filing of
applications, documents, inspection, etc., through electronic
form.-
(1) Notwithstanding anything contained in
this Act, and without prejudice to the provisions contained
in section 6 of the Information Technology Act, 2000, the
Central Government may, by notification in the Official Gazette,
make rules so as to require from such date as may be specified
in the rules, that
(a) such applications, balance-sheet, prospectus,
return, declaration, memorandum of association, articles of
association, particulars of charges, or any other particulars
or document as may be required to be filed or delivered under
this Act or rules made thereunder, shall be filed through
the electronic form and authenticated in such manner as may
be specified in the rules;
(b) such document, notice, any communication
or intimation, required to be served or delivered under this
Act, shall be served or delivered under this Act through the
electronic form and authenticated in such manner as may be
specified in the rules;
(c) such applications, balance-sheet, prospectus,
return, register, memorandum of association, articles of association,
particulars of charges, or any other document and return filed
under this Act or rules made thereunder shall be maintained
by the Registrar in the electronic form and registered or
authenticated, as the case may be, in such manner as may be
specified in the rules;
(d) such inspections of the memorandum
of association, articles of association, register, index,
balance-sheet, return or any other document maintained in
the electronic form, which is otherwise available for such
inspection under this Act or rules made thereunder, may be
made by any person through the electronic form as may be specified
in the rules;
(e) such fees, charges or other sums payable
under this Act or rules made thereunder shall be paid through
the electronic form and in such manner as may be specified
in the rules;
(f) the Registrar shall, register change
of registered office, alteration of memorandum of association
or articles of association, prospectus, issue certificate
of incorporation or certificate of commencement of business,
register such document, issue such certificate, record notice,
receive such communication as may be required to be registered
or issued or recorded or received, as the case may be, under
this Act or rules made thereunder or perform duties or discharge
functions or exercise powers under this Act or rules made
thereunder or do any act which is by this Act directed to
be performed or discharged or exercised or done by the Registrar,
by the electronic form, in such manner as may be specified
in the rules.
(2) The Central Government may, by notification
in the Official Gazette, frame a scheme to carry out the provisions
specified under sub-section (1) through the electronic form:
Provided that the Central Government may appoint different
dates in respect of different Registrar of Companies or Regional
Directors from which such scheme shall come into force.
610C.Power to modify Act in relation to
electronic records (including the manner and form in which
electronic records shall be filed).-
(1) The Central Government may, by notification
in the Official Gazette, direct that any of the provisions
of this Act, so far as it is required for the purpose of electronic
record specified under section 610B in the electronic form,
(a) shall not apply, in relation to the
matters specified under clauses (a) to (f) of sub-section
(1) of section 610B, as may be specified in the notification;
or
(b) shall apply, in relation to the matters
specified under clauses (a) to (f) of sub-section (1) of section
610B only with such consequential exceptions, modifications
or adoptions as may be specified in the notification:
Provided that no such notification
which relates to imposition of fines or other pecuniary penalties
or demand or payment of fees or contravention of any of the
provisions of this Act or offence shall be issued under this
sub-section.
(2) A copy of every notification proposed
to be issued under sub-section (1), shall be laid in draft
before each House of Parliament, while it is in session, for
a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before
the expiry of the session immediately following the session
or the successive sessions aforesaid, both Houses agree in
disapproving the issue of the notification or both Houses
agree in making any modification in the notification, the
notification shall not be issued or, as the case may be, shall
be issued only in such modified form as may be agreed upon
by both the Houses.
610D. Providing of value added services
through electronic form.- The Central Government may provide
such value added services through the electronic form and
levy such fees as may be prescribed.
610E.Application of provision of Act 21
of 2000.- All the provisions of the Information Technology
Act, 2000 relating to the electronic records (including the
manner and format in which the electronic records shall be
filed), in so far as they are not inconsistent with this Act,
shall apply, or in relation, to the records in electronic
form under section 610B.. |
